This month a client’s claim was dismissed due to a technicality pertaining to service of documents under the tenancy agreement.

Our client had retained a well-known, nationwide managing agent to set up the tenancy and manage the rental. The tenancy agreement did not contain a clause which permitted service of documents via email, and despite the lack of such a clause, notices and other documents under the tenancy were provided to the Tenant via email. We were instructed to proceed with the claim notwithstanding the risk that the ack of this clause may mean the documents were not effectively served.

The claim was issued in February, and a defence was filed in March. The defence alleged that the How to Rent Guide (“HTRG”), Energy Performance Certificate (“EPC”) and the Gas Safety Records (“GSRs”) sent via email were not effectively served and therefore the notice relied on by the Claimant was invalid. Despite it being admitted that the documents had been sent to the correct email address for the Tenant, and being admitted that they were seen by the Tenant a few days after the email was sent, it was denied that they were effectively served on the date they were sent.

On review of the claim in April, the Court listed the matter for hearing in May 2025 when directions were given for the parties to file evidence and prepare legal arguments on the dispute. A final 2-hour hearing was scheduled in July 2025.

The managing agent was able to provide evidence that, prior to entering the tenancy agreement, the Tenant had agreed to accept service of the HTRG via email, but the evidence did not indicate that they had also agreed to accept other documents, such as the EPC and GSRs being served via that means.

After considering the evidence and hearing legal submissions, the Court found that there was no provision for service via email in the tenancy agreement and that the Claimant was unable to establish the documents had been served in accordance with common law principles. (NB. At common law, the Court must be satisfied on the balance of probabilities that the document has been received by and come to the attention of the recipient).

Accordingly, the Court dismissed the claim, and the Defendant was awarded costs.

The Court noted that “It is not unusual nowadays for a Tenancy Agreement to make provision for service by email, but that is not what I am faced with here”

There is of course nothing wrong with service documents via email, indeed this is common. However, if you intend to rely on service via that means, it is absolutely crucial that this method is permitted by your tenancy agreement.

As in this case, it is not sufficient to say that you have ‘previously sent things via email’ or that it is ‘common practice’ to do so.

Legal for Lettings, we have experts on hand to help you navigate the technicalities of ever-changing legislation and provide advice to ensure you have the best prospects of successfully recovering possession of your property.

If you want to see how we can help, or would like us to review your tenancy agreement, get in touch at contact@legalforlettings.co.uk.

Evidencing compliance with prerequisites for a claim under Section 21 is often challenged. Make sure you can prove service.

Section 21 claims, or “No Fault Evictions” as they are often referred to as, are a hot topic in the political world right now, but there is even more scrutiny of these claims at Court, whether it is the Judge, Defendant, or a Duty Advisor taking issue.

Whilst there is talk of Section 21 being abolished, for now, it is still an avenue available to Landlords to recover their properties, albeit the process for doing so has become incredibly complex to comply with. We believe that preparation is better than the cure and getting advice before serving your notice, or starting your possession proceedings is important to avoid lengthy and even more complex litigation.
At Legal for Lettings we deal with hundreds of cases involving Section 21 of the Housing Act 1988 (“S.21”) and have a team of experts that specialise in helping Landlord successfully recovering possession of their property.

One of the requirements which must be proven when relying on a notice under S.21, is that the Tenant has been provided with a valid Gas Safety Certificate (“GSC”) for the Property.

We have seen a number of cases recently where the Tenant disputes that they were served with the relevant GSC and upon seeking instructions on the point from our clients, we are informed that the GSC was left at the Property by the gas engineer which performed the check.

It is not uncommon for this to happen. Hard copies of the GSCs are usually completed in triplicate, with a copy being left for the Tenant, a copy being given to the Landlord or their Agent, and a copy being retained by the engineer.

If this is the case, it is the gas engineer which would be required to file a statement or certificate of service, to evidence that the document was left with/ provided to the Tenant. Often this will be possible.
However, given the increased prevalence of electronic documentation it is now common for GSCs to be produced electronically. Where this happens, it seems less likely that the Tenant will have (or could have) been given a physical copy of the GSC by the engineer on the day of completion. It might be possible that the engineer sought the email address of the Tenant and sent them an electronic copy, but it is also likely that they did not and would not – perhaps due to not appreciating the significance of the GSC, or on the understanding that it is the Landlord’s obligation to provide the GSC to the Tenant, not the engineer’s.

In any event, it is important that the GSC is provided to the Tenant, and it is crucial that a Landlord is able to prove this has been done.

In more than one instance, it has transpired that the engineer in fact did not leave a copy of the GSC with the Tenant when they completed the check, or that they ‘think’ they did but are unable or unwilling to provide a statement to that effect.

It follows that it is vital, that the Landlord ensures a copy of the GSC has been given to the Tenant. In order to remove any doubt, we recommend that Landlords, or their Managing Agent’s provide a copy of the GSC to the Tenant themselves, retaining proof of such and ensuring that this is done in accordance with any service clauses within the tenancy agreement.

Proceedings for possession can fail, and Section 21 Notices be deemed invalid, due to a misplaced reliance that the GSC had been left by the engineer, and this can be avoided by ensuring that the requirement is met directly by the Landlord or their Agent once the GSC is provided to them by the engineer.

Here at Legal for Lettings, we have experts on hand to help you navigate the technicalities of ever-changing legislation and provide advice to ensure you have the best prospects of successfully recovering possession of your property.

If you want to see how we can help, get in touch at contact@legalforlettings.co.uk.

The number of documents that landlords must serve to ensure compliance with their legal obligations is continually increasing, especially regarding possession recovery under Section 21 of the Housing Act 1988.

Due to this, individuals and businesses are more reliant than ever on modern technology to achieve compliance and satisfy their obligations; however, these methods are not without risk despite their ease of use. 

This blog considers the risks associated with using an online portal for serving prescribed documents on tenants who occupy premises under an Assured Shorthold Tenancy.

The Technology

In a recent matter on which we have been instructed, the How to Rent Guide (“HTRG”), as well as other requisite documents which needed to be provided to the tenant, were uploaded to an online portal which the tenant could log in and access/view/download a copy of the document(s).

The Requirements

The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (“the Regulations”) set out the requirement for landlords to provide prescribed information and documents (including the HTRG).

The Regulations provide:

(1) A landlord under an assured shorthold tenancy of a dwelling-house in England, or a person acting on behalf of such a landlord, must give the tenant under that tenancy the information mentioned in paragraph (2).

(2) The information is the version of the document entitled “How to rent: the checklist for renting in England”, as published by the Department for Communities and Local Government, that has effect for the time being.

(3) The information may be provided to the tenant—

(a) in hard copy; or

(b)where the tenant has notified the landlord, or a person acting on behalf of the landlord, of an e-mail address at which the tenant is content to accept service of notices and other documents given under or in connection with the tenancy, by e-mail.

The underlining is our own emphasis to show that the regulations require the tenant to be given a copy of the HTRG, either in hard copy or by email.

The Regulations also require the landlord to ‘provide’ the Energy Performance Certificate and the Gas Safety Certificate to the Tenant. In the Regulations, there is no suggestion that the EPC or GSC may be provided by email; although if there is an adequate service provision in the tenancy agreement they may be served by email.

Service

At common law, to evidence service of a document, it must be proved that the document has come to the attention of the recipient. Certain statutory provisions can apply to the service of notices and once it is shown that the notice has been left at, affixed on, or sent by post to the relevant address, there is an irrebuttable presumption of delivery so that evidence the intended recipient has never seen it is irrelevant.

This rule of ‘Deemed Service’ exists to provide certainty to the sender of documents, that having taken a recognised step to bring a document to the attention of the recipient, the document will be treated as having been received by them.

There are recognised steps for service of documents contained in the CPR and these include first-class post, or email, as well as some other less frequently used methods.

Landlords and tenants can rely on the provisions of the CPR by incorporating these service provisions into their tenancy, or alternatively, they may incorporate their bespoke service clauses as they consider appropriate.

Where a tenancy contains a service clause, this clause will take precedence over other rules/methods for service. The tenancy agreement in our recent matter contained the following service clause;

5.3. The provisions for the service of notices are that if the landlord or the agent delivers by hand any Notices or documents which are necessary under the agreement or any Act of Parliament to the Premises by 4.30 pm or the last known address of the tenant if different; and reasonable evidence is kept of the delivery; the documents or notices will be deemed delivered on the next working day; or if any documents or notices are sent by registered, or recorded delivery post the documents will be deemed delivered upon proof of delivery being obtained; or if the documents or Notices are sent by ordinary first class post addressed to the tenant at the Premises or the last known address of the tenant if different; and reasonable evidence is kept of the delivery; the documents or Notices will be deemed delivered two working days later.

There is no mention in the service clause within the tenancy agreement, that service by email (or the online portal) is acceptable. This is not uncommon and the service clause above is found in many template-assured shorthold tenancies.

Terms and Conditions outside the contract

In the present case, when signing up for and using the online portal, the tenant agreed to a number of terms and conditions. The relevant clauses were as follows;

The site carries out several administrative functions resulting in important and legal documents being generated. By using this site, you consent to receiving these important documents either via email or via the site, using your supplied user identification code and password. In addition, you acknowledge that your consent and agreement may be obtained electronically, for example by ticking a box to state that you agree with something, and wish to proceed. If you disagree with this you should contact us to make alternative arrangements.

By agreeing to use the online portal you are agreeing to receive all documents/notices electronically to the email address used to register/access the online portal.

These clauses indicate that the tenant agrees to receive documents in the manner stated, but there are a few notable risks with this.

Risks

(1) These clauses are contained in documents outside the tenancy agreement and are not incorporated into it as a method of service. It is the tenancy agreement which the Court will look to when determining whether a document has been served. If the clause does not provide for the method used, the party serving will need to prove at common law that the document came to the attention of the intended recipient.

(2) At common law, being required to show that the document came to the tenant’s attention may prove difficult. Unless there is some way of knowing when/if the tenant has viewed the relevant document in the portal, there may well be difficulties in satisfying a Court that the document was brought to the attention. i.e. the documents might be uploaded to the portal but the tenant may not log in and view them.

(3) Service by email requires an email to be sent – in the instance whereby documents are uploaded to a portal, they are not sent to the email address provided (only a link to log in and view them). We have seen a marked shift in the judiciary over recent years and Judges are keen to ensure strict compliance with the requirements placed on landlords. This is particularly so where landlords wish to avail themselves of their right to recover possession under the so-called ‘no fault’ possession procedure contained in section 21 of the Housing Act 1988. The result is that by using modern and innovative methods to comply with requirements, landlords may find themselves unable to recover possession of their property using Section 21, or in some circumstances may be liable to pay compensation to their tenants.

Solutions

There may be more than one solution, but if technology is being used, we consider the best approach is to have the documents sent by email. If this is not feasible using the portal systems available, the agreement should have a bespoke service clause which states documents uploaded to the portal are deemed served within a certain time after having been uploaded (with an email sent to the Tenant informing them that they are there).

We recommend that you seek advice on suggested wording for such a clause, but there may still remain a risk that the Court deems the step of uploading into a portal insufficient when determining if the document has been provided to the tenant, as required by the Regulations.

If you have any questions pertaining to the issues raised in this blog or would like to seek advice relating to your tenancy, please get in touch with us at Contact@legalforlettings.co.uk.